Opinion in Canadian Council for Refugees v. Canada Condemns U.S. Immigration Policies

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Thursday, September 3, 2020
Mitchell Beebe

In an unusual rebuke by one of America’s closest allies, the Canadian Federal Court decided that the Safe Third Country Agreement (“STCA”) between the United States and Canada was unconstitutional. The Court determined, in light of certain immigration policies, that the U.S. was in violation of many of its commitments as a “safe third country” for asylum seekers. Consequently, the continued enforcement of the STCA is a violation of Canadian constitutional protections. The decision will void the STCA in six months time and will require the Canadian government to take concrete steps towards adopting different border control policies.